An Adult Probation & Parole agent who shot and wounded a Logan man who allegedly brandished two handguns in a North Logan emergency room was legally justified in shooting the suspect three times, the Cache County attorney has concluded.
Jason James Burr, 34, staggered into the Cache Valley Hospital’s emergency room May 16 and asked the clerk, "Were police in cars here?" according to a report released Friday by the county attorney’s office. Burr then told the clerk to call SWAT.
"I need to report a domestic," he allegedly told the clerk. "She is in the car outside.’"
Burr then allegedly pulled out a silver semiautomatic handgun and, when confronted by a security guard, demanded to see his doctor, according to the report.
"Someone is going to die today," Burr allegedly told the security officer, now holding two handguns — a 9mm in his right hand and a .38-caliber Derringer in his left.
The report said that soon after Burr pulled out the two weapons, two AP&P agents guarding a prisoner in the hospital came to the emergency room waiting area.
Agent Clint Lund positioned himself behind Burr and demanded that he drop the gun.
"Upon hearing Agent Lund, Burr turned to face him and pointed the gun in his right hand toward him," the county attorney’s office report reads. "Agent Lund fired three shots at Burr."
After falling to the ground, Burr still had the two guns in his hands and "was moving them," according to the attorney’s office. Lund fired one more shot at Burr.
"At this point, Burr surrendered, dropped the guns, and asked Agent Lund to stop," according to the report.
Burr was immediately taken to the ER for treatment. He was shot in the left arm, the right groin and the left side of the chest, according to the attorney’s office.
A month after the shooting, Burr was charged in Logan’s 1st District Court with eight criminal charges: one count of attempted aggravated robbery, three charges of aggravated assault with a dangerous weapon, two counts of purchase or use of a firearm by a restricted person and two charges of carrying a concealed, dangerous and loaded weapon.
He is scheduled to appear in court July 30 for a preliminary hearing. At that hearing, prosecutors will present evidence and testimony in the case. A judge will then decide whether there is probable cause for Burr to stand trial on the charges.
Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.